SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2004 SESSION


CHAPTER 736
An Act to amend the Code of Virginia by adding a section numbered 2.2-3808.3, relating to use of unique identifying numbers on public records.
[H 543]
Approved April 12, 2004

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 2.2-3808.3 as follows:

§ 2.2-3808.3. Unique identifying numbers; appearance limited on public records.

A. For purposes of this section, “unique identifying number” means any alphabetic or numeric sequence, or combination thereof, that is unique and assigned to a specific natural person at that person’s request. “Unique identifying number” includes, but is not limited to, social security number, bank account number, credit card number, military service number and driver’s license number. However, “unique identifying number” shall not include any arbitrarily assigned alphabetic or numeric sequence, or combination thereof, that is assigned to a natural person for purposes of identification, in lieu of a social security number, and used for a single, specific government purpose.

B. Notwithstanding § 2.2-3802, no public record, as that term is defined in § 2.2-3701, that is created or filed after July 1, 2005, shall contain more than the last four digits of a unique identifying number, unless:

1. Such use is required by state or federal law; or

2. The record upon which the unique identifying number appears is exempt from disclosure under the Virginia Freedom of Information Act (FOIA) (§ 2.2-3700 et seq.) or other law. Records that are subject to a discretionary exclusion under FOIA or other law shall not be available for general public inspection unless they have been configured to prevent the disclosure of unique identifying numbers contained within those records as required by this subsection.

C. Beginning July 1, 2005, no document that will become a public record, as that term is defined in § 2.2-3701, shall be filed with a public body unless the person who prepared the document or presented the document for filing certifies at the beginning or end of the document to be filed, or in a manner otherwise prescribed by the public body, that such document complies with subsection B.

In lieu of a certification on every document, the public body may post a notice in a conspicuous place at the point of filing stating, “By filing any document with this office, you certify that it complies with the restrictions on unique identifying numbers as specified in § 2.2-3808.3 of the Code of Virginia.” In this case, by filing the document, the preparer and filer would be certifying that the document complies with subsection B.

D. Nothing contained in this section shall operate to prohibit or delay the disclosure of any public record pursuant to the FOIA or other law. However, if any record produced in response to a request under the FOIA or other law requires redaction to comply with the provisions of subsection B 2, the cost of such redaction shall be borne by the public body or person who is required to comply with this section and shall not be passed on to the requester.

E. This section does not prohibit the collection, use or release of a unique identifying number as required by the laws of the Commonwealth or the United States or for internal verification or administrative purposes as allowed by the laws of the Commonwealth or the United States.

2. That the provisions of this act shall not become effective unless reenacted by the 2005 Session of the General Assembly.